§ 143-59.2. Certain vendors prohibited from contracting with State. - North Carolina Statutes

§ 143‑59.2.  Certain vendors prohibited fromcontracting with State.

(a)        Ineligible Vendors. – A vendor is not entitled to enter intoa contract for goods or services with any department, institution, or agency ofthe State government subject to the provisions of this Article if any officeror director of the vendor, or any owner if the vendor is an unincorporatedbusiness entity, within 10 years immediately prior to the date of the bidsolicitation, has been convicted of any violation of Chapter 78A of the GeneralStatutes or the Securities Act of 1933 or the Securities Exchange Act of 1934.

(b)        Vendor Certification. – The Secretary of Administrationshall require each vendor submitting a bid or contract to certify that none ofits officers, directors, or owners of an unincorporated business entity hasbeen convicted of any violation referenced in subsection (a) of this sectionwithin 10 years immediately prior to the date of the bid solicitation. Anyperson who submits a certification required by this subsection known to befalse shall be guilty of a Class I felony.

(c)        Void Contracts. – A contract entered into in violation ofthis section is void. A contract that is void under this section may continuein effect until an alternative can be arranged when: (i) immediate terminationwould result in harm to the public health or welfare, and (ii) the continuationis approved by the Secretary of Administration. Approval of continuation ofcontracts under this subsection shall be given for the minimum period necessaryto protect the public health or welfare. (2002‑189, s. 5.)